TERMS AND CONDITIONS FOR THE S23 SERIES SUSTAIN PROMO
Please read this Promotion terms and conditions (“Terms and Conditions”) carefully. Participation in this Promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion. This Promotion is only available while Stock lasts. Please refer to this website for the current Terms and Conditions for this Promotion: https://www.samsung.com/za/offer/S23-sustainterms/
All participants during the term of this Promotion agree to be bound by the following Terms and Conditions:
1. Promotion:
1.1. Samsung Galaxy S23 Series Sustain Offer (“Promotion”).
1.2. The promoter of the Promotion is Samsung Electronics South Africa (Proprietary) Limited, Registration number: 1994/003872/07 and/or its agencies ("Organiser").
1.3. “Galaxy S23 Series” shall mean the Galaxy S23 Ultra, Galaxy S23 or S23+.
2. Promotion Period:
2.1. The Promotion will run from 16th March 2023 [00:00] to 30th April 2023 [23:59] (“the Promotion Period”)
2.2. The participant will have from the 16th March 2023 (00h00) to 14th May 2023 (23h59) to redeem the Offer from the Samsung Members Application. (“Redemption Period”).
2.3. The Promotion Period may be extended or curtailed at the discretion of the Organiser.
3. Who may enter:
(a) All participants must be citizens of the Republic of South Africa and/or legal residents of the aforesaid country;
(b) be currently residing in the Republic of South Africa at the date of the commencement of the Promotion Period;
(c) be a natural person and be at least eighteen (18) years old at the date of the commencement of the Promotion Period;
(d) be in the possession of a valid South African identity.
(e) have made a valid purchase of a Samsung Galaxy S23 Series device
with a valid IMEI number, purchased within the Republic of South Africa from an authorised network operator, retail outlet or online store.
(f) be in the possession of a valid Proof of Purchase with verifiable details such as IMEI number, outlet from which the device was purchased from, and in certain cases, the name of the purchaser.
(g) Participation in this promotion does include the Organiser, their directors, members, partners, employees, agents, consultants, any other person who directly or indirectly controls or is controlled by them or any supplier of goods and services, if they personally purchased a Samsung Galaxy S23 Series for their own personal use. Proof of purchase will be verified at the Promoter’s discretion.
(h) Misrepresentation of participants or in store sales representatives will result in the disqualification of the claim and possible legal action.
4. How to qualify for the Promotion:
4.1. The participant must, within the Promotion Period:
(a) Be a participant as set out in 3 above;
(b) Receive communication from Samsung South Africa, via email, SMS push notification, Facebook or Google advert, prompting registration via Samsung.com lead form
(c) Register their participation by completing the Samsung.com lead form and opt-in for marketing communication.
(d) After purchase of Galaxy S23 series device, the customer will be required to complete the redemption steps outlined in a trigger email after registering for the promotion.
(e) Data charges may be incurred by the participant and the Organiser will not be responsible for any such costs. Network rates apply.
5. Can I qualify more than once for the Promotion:
5.1. The participant shall qualify for the Offer for each valid purchase of the Galaxy S23 Series device (identifiable by the unique IMEI number).
5.2. Should there be any dispute in this regard, the Organiser shall be sole adjudicator of the dispute and the Organiser’s decision shall be final
6. Offer:
6.1. The Promotion will afford the participant the opportunity to receive one (1) R2000 Samsung Online Store Voucher per purchase of the Galaxy S23 Series device.
6.2. The Offer is not transferable. No substitution, cash redemption, or assignment of the Offer is permitted.
6.3. The Offer is provided on a first come first serve basis and while stocks last.
6.4. The Offer is available on a “while stocks last” basis and the Organiser cannot be held accountable once the stock of the promotional Offer has been depleted.
6.5. The voucher is only redeemable on the Samsung South Africa online store.
7.1. To redeem your Offer, the participant must follow the following steps and/or instructions:
(a) Step 1: Purchase and activate the Galaxy S23 Series device, which Galaxy S23 Series device must be purchased from any Samsung authorised network operator (Vodacom; MTN; Cell C; Telkom), participating retail outlet (Game; Makro; Incredible Connection; HiFi corporation; Takealot; Samsung Brand Stores; Hirsch’s; FNB online; The Foschini Group – Hi-Store), Samsung e-Store or online store within the Republic of South Africa during the Promotion Period.
(b) Step 2: Access email received from Samsung South Africa with confirmation of participation and URL link to offer redemption form.
(c) Step 3: Upload the proof of purchase of their Galaxy S23 Series device and complete and submit an online form with participant’s details and contact information.
(d) Step 4: Upon submitting the online form (referred to in clause (c)) the participant will receive an e-mail confirming their submission of the online form was successful. In the same email, the participant will receive a Reference number that must be used by the participant to escalate any queries pertaining to their submission.
(e) Step 5: Once the Organiser has validated the participant’s online form and proof of purchase of the Galaxy S23 Series device, the participant will receive a congratulatory message by way of email.
(f) Step 6: The organiser will then provide the participant with a voucher code to claim the offer.
7.2. A participant must redeem the Offer within the Redemption Period.
7.3. Participants who encounter any technical issues when redeeming the Offer, must contact the Organizer for assistance by telephone at the following telephone number: +27 (0) 87 65550512.
7.4. The Organizer accepts no responsibility for entries lost, misdirected, illegible, late, mutilated or altered. Entries that do not comply with these Terms and Conditions will be disqualified, subject to clause 10 below.
7.5. Errors and omissions may be accepted at the Organizer's sole discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights.
7.6. It is the participant’s responsibility to ensure that any information provided to the Organizer is accurate, complete and up to date.
7.7. The Organiser will not be responsible for any costs associated with the redemption process of the Offer.
8. SAMSUNG ONLINE STORE PROMOTION CODE AND/OR VOUCHER TERMS AND CONDITIONS:
8.1. In the event that you are issued with a Samsung Online Store Promotion Code and/or Voucher (“Promotion Code and/or Voucher”) as part of a promotional offer the following terms and conditions shall apply, every Voucher ("Promotion Code and/or Voucher"):
a. has a unique voucher code which has been assigned to you (the "Intended Recipient" or "You");
b. the Intended Recipient will be determined differently based on the type of Samsung Promotion;
c. is for the amount specified on the digital communication provided to you by way of either electronic mail, SMS or on the Promotion Specific Material, to be redeemed only on the Samsung Online Store and not in any physical Samsung branded stores or any affiliate stores or websites which sell Samsung products;
d. may only be redeemed by the Intended Recipient upon reasonable evidence of their identity being confirmed through the creation of a user account on the Samsung Online Store or such other valid form of identity document as may be requested by Samsung and/or the Samsung Online Store;
e. cannot be used after expiration of the Promotion Code and/or Voucher;
f. shall be limited to a one-voucher-per-purchase basis. This means that the Promotion Code and/or Voucher may not be aggregated in respect of the purchase of any item. For example, if the stated price of an item exceeds the amount of the Promotion Code and/or Voucher, then You must pay the balance in order to purchase that item and may not use other Promotion Codes and/or Vouchers in respect of that item;
g. may be used towards purchases of more than the value of the Promotion Code and/or Voucher where the Intended Recipient pays the balance using one of the accepted methods of payment on the Samsung Online Store;
h. cannot be transferred or assigned in any manner to any person by the Intended Recipient;
i. is not redeemable for cash;
j. is valid and may only be redeemed within a period of 3 (three) months from the date of issuing of the Promotion Code and/or voucher to the Intended Recipient (the "Promotion Code and/or Voucher Date"). Should there be any dispute, Samsung shall determine the Promotion Code and/or Voucher Date according to its records and this date will be final and binding on You. Once the 3 (three) month period has elapsed, the Voucher will have expired automatically and the Promotion Code and/or Voucher code will no longer be valid on the Samsung Online Store;
k. Once-off Purchase and Forfeiture: The Samsung Online Store Voucher will be valid for a once-off purchase only. The Participant must use the full value of the Samsung Online Store Voucher when making the once off purchase. Any balance remaining after the once-off purchase, will be forfeited;
l. Samsung shall endeavour to replace any damaged or defective goods purchased using the Promotion Code and/or Voucher in accordance with the provisions of the Consumer Protection Act. Other than in respect of damaged, defective or unsafe goods or for any other lawful reasons provided in the Consumer Protection Act, no refunds are permissible for any item(s) purchased with the Promotion Code and/or Voucher; provided that to the extent that a refund is permissible, You will be issued with a replacement Promotion Code and/or Voucher (with the same Promotion Code and/or Voucher Date) and a refund of any cash amount contributed by You;
m. By making use of the Promotion Code and/or Voucher, You acknowledge that You have read, understood and agree to the terms and conditions set out herein and the terms and conditions of the Samsung Online Store;
n. You will be required to create an account on the Samsung Online Store in order to redeem the Promotion Code and/or Voucher;
o. The Promotion Code and/or Voucher is for the exclusive use of the Intended Recipient;
p. You will not attempt to transfer or permit any other person to use the Promotion Code and/or Voucher; and
q. THE PROMOTION CODE AND/OR VOUCHER MAY ONLY BE REDEEMED WITHIN 3 (THREE) MONTHS PERIOD FROM DATE OF ISSUE;
9. Terms of Delivery:
(a) Voucher will be only redeemable on the Samsung Online Store
(b) Valid for a single purchase/cart checkout which may comprise multiple items. Any remaining value following the Purchase will be forfeited.
(c) One time use policy – once redeemed there will be no returns and no cancellations allowed;
(d) Voucher may be used towards purchases above the voucher value where the customer pays the balance of the transaction using one of the accepted methods of payment on the Samsung Online Store.
(e) Should the participant fail to supply valid proof of purchase through the Samsung Redemtion Form, the Offer will be forfeited.
(f) Sales representatives employed at participating stores may not claim the Offer on behalf of a purchasing customer. Participants must redeem the Offer on their own behalf.
(g) Delivery of the voucher will occur by email and the Organiser does not accept any responsibility for late/non arrival.
10. Limitation of Liability:
10.1. To the extent permitted by Consumer Protection Act No 68 of 2008 and any other applicable law:
(a) The participant and/or winner(s) hereby indemnifies the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Promotion.
(b) The Organiser excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
(c) All personal information exchanged with the usage of third party applications will not be monitored or controlled by the Organiser. The participant bares the responsibility to ensure that it is aware of the terms and conditions applicable to usage of 3rd party applications. The participant understands and agrees to indemnify the Organiser from all liability arising from whatsoever nature.
11. General:
11.1. In accordance with the confidentiality policies and practices of the Organiser, none of the entry details of any participant in this Promotion will be disclosed or used by the Organiser for any purposes other than for entry into the Promotion and in accordance with clause 10.7 below.
11.2. The Organiser reserves the right, at any time, to verify the validity of participants (including a participant’s identity, age and place of residence) and to reject any participant who has not agreed to these Terms and Conditions. Errors and omission may be accepted at the Organiser's discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
11.3. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organiser reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
11.4. Participants acknowledge and accept that the Organiser shall utilise a third party agent to contact the participant to arrange delivery. In order to affect the contacting and delivery process, the Organiser shall provide the participant’s information to such third party agent.
11.5. Details of participants will not be used by the Organiser for Samsung related communication should the participants opt-out to receive further communication from the Organiser.
11.6. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
11.7. The Organiser may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Organiser’s website http://www.samsung.com/za/offer/ The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
11.8. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organiser reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
11.9. Save as permitted by law, the Organiser reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, suspension or termination shall be deemed to have taken effect from the date of publication on the Organiser’s website http://www. Samsung.com/za/offer/ liability shall lie against the Organiser in favour of any participant, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore the participant waives his/her right which they may have against the Organiser and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organiser.
11.10. This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
11.11. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa.
11.12. The Organiser accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the online store voucher owing to, but not limited to, stock unavailability, strike, lock out, destruction of the online store voucher by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
11.13. If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
(a) It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and
(b) It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
12. Consumer Protection Act:
12.1. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
